Rose v. . Boston Albany R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for new trial and directing judgment upon a verdict. This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been occasioned by the negligence of defendant. The deceased was a bralceman in the employ of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for new trial and directing judgment upon a verdict. This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been occasioned by the negligence of defendant. The deceased was a bralceman in the employ of defendant. The train on which he was employed (a freight train) left East Albany about four and a half o’clock in the morning the 4th day of December, 1871. It was before light and a foggy, misty…
1Opinion of the CourtJohnson, J.
In the case of Flike v. Boston and Albany Railroad Company (53 N. Y., 553) the chief judge, in discussing the limit of corporate liability for injuries, occasioned through negligence, to the servants or employes of the corporation, affirms that “ the true rule is to hold the corporation liable for negligence or want of proper care in respect to such acts or duties as it is required to perform and discharge as master or principal without regard to the rank or title of the agent intrusted with their performance. As to such acts the agent occupies the place of the corporation, and the latter…
2Cases cited2 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Laning v. New York Central RailroadNew York Court of Appeals · 1872
3Cited by20 opinions
- Slater v. . JewettNew York Court of Appeals · 1881
- Miller v. Southern Pacific Co.Oregon Supreme Court · 1891
- Potter v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1892
- Fraker v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Fink v. SladeAppellate Division of the Supreme Court of the State of New York · 1901
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